Wednesday, December 4, 2013

Swidler & Berlin v. United States case brief

Petitioner attorney sought a writ of
certiorari to the United States Court of Appeals for the District of
Columbia Circuit, which reversed the lower court judgment in part and
held that petitioner's notes of an interview with his client, who
later committed suicide, were not protected by either the attorney
client privilege or the work product privilege.

CASE FACTSRespondent, as part of an investigation
of the dismissal of employees from the White House Travel Office,
sought the notes petitioner attorney had made during an interview of
his client, the Deputy White House Counsel, prior to the client
committing suicide. Petitioner filed a motion to quash, arguing that
the notes were protected by the attorney client privilege and by the
work product privilege. The lower appellate court reversed the trial
court which had found the notes were protected from disclosure by the
attorney client privilege and the work product privilege. Petitioner
sought a writ of certiorari to the decision.

DISCUSSION

The court reversed
finding that the general rule with respect to confidential
communications was that such communications were privileged during a
testator's lifetime and, also, after the testator's death unless
sought to be disclosed in litigation between the testator's heirs.

The court held that the attorney-client privilege survived the death
of the client in this case.

CONCLUSION
The court reversed the lower appellate court judgment which held
petitioner attorney's notes of an interview with a deceased client
were not protected by either the attorney client privilege or the
work product privilege. The court held that the notes were protected
by the attorney-client privilege.Recommended Supplements and Study Aids for Evidence
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